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(영문) 전주지방법원 2015.06.26 2013고단2830
사기미수등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Criminal history room (2015dan163) / Defendant A is the F Co., Ltd. F (hereinafter referred to as “F”) with the main purpose of cement transport business in the former Jinan Army E.

As the representative director of the company, the company's capital, operation, and organization was comprehensively controlled, and the defendant B, as a non-registered management director of the above company, engaged in financing, management, etc. for the operation of the above company.

1. The Defendants’ crime (Violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name) may not complete the registration of ownership transfer in the name of the title trustee pursuant to a title trust agreement to the effect that a person who intends to acquire the ownership of real estate shall hold the ownership of real estate internally between another person and another person.

피고인들은 2010. 7. 하순경 F 사무실에서, 전북 무주군 G[답(畓)], H[답(畓)], I[전(田)] 합계 5,445㎡를 매도인 J으로부터 1억3,990만 원에 매수함에 있어, 대내적으로는 위 부동산에 대한 실질적인 소유권을 피고인 A가 보유하면서도, 대외적으로 그 소유권이전등기는 피고인 B의 명의로 하기로 하는 약정을 한 후, 2013. 8. 2.경 전주지방법원 무주군 등기소에서 명의수탁자인 피고인 B의 명의로 그 소유권이전등기를 경료하였다.

In addition, from August 25, 2010 to August 2, 2013, the Defendants purchased a total of 10,873 square meters of the eight parcels of the eight parcels of the five parcels of the five parcels of the five parcels of the five parcels of the five parcels of the real estate located in the Jeonbuk-gun, Jeonbuk-gun, North Korea from August 25, 2010 to August 2, 2013 in KRW 462,200,000.

2. Defendant A (Occupational Embezzlement) on April 13, 2009, Defendant A (Occupational Embezzlement) is a limited liability company which is entirely separate from F and its entire separate entity, and L (hereinafter “L”).

B was established by establishing the Dong and registered as its representative director, and L's shareholders are defendants.

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